WVC 20 - 5 - 21
§20-5-21. Legislative findings relating to the historical town of
Cass; powers of the director to preserve the
integrity of the town and to promulgate rules
therefor.

(a) The Legislature finds:

(1) That preserving heritage is essential to promoting the
education, prosperity and general welfare of the people of this
state;

(2) That the town of Cass, in Pocahontas County, is one of the
few remaining historical logging towns in the United States and has
been recognized as such by the national registry of historic
places;

(3) That the town of Cass is richly endowed with numerous
historic buildings, structures and sites, both public and private,
which are representative of the historical and cultural heritage of
the state of West Virginia;

(4) That historic buildings, structures and sites in the town
of Cass should be identified, studied, preserved and protected for
the general welfare of the residents of this state and this nation;

(5) That preserving and protecting the historical buildings,
structures and sites in the town of Cass will aid economic
development in Pocahontas County and surrounding areas, lead to the
improvement of property values, enhance this state's attraction of
tourists and visitors and contribute to education in this state by
preserving such heritage for future generations; and

(6) That it is in the public policy and the public interest of
this state to engage in a comprehensive program of historic
preservation within the area designated as the town of Cass by the
national registry of historic places and to promote the use and
preservation of such heritage for the education and general welfare
of the people of this state.

Accordingly, this section shall be broadly construed in order
to accomplish the purposes herein set forth.

(b) To carry out the purposes of this section within the
jurisdictional limits of the town of Cass as designated by the
national registry of historic places, the director may:

(1) Make a survey of buildings, structures and sites and
designate as historic landmarks those principal buildings,
structures and sites that are of local, regional, statewide or
national historical or architectural significance;

(2) Mark buildings, structures and sites with appropriately
designated markers with the consent of the property owners;

(4) Review applications for certificates of appropriateness
and grant or deny the same in accordance with the provisions of
this section;

(5) Establish standards for the care and management of
designated historic landmarks, buildings, structures and sites and,
for failure of the owner to maintain the standards as prescribed, withdraw any certificate of appropriateness;

(6) Seek the advice and assistance of individuals, groups and
government entities that are conducting historical preservation
programs and coordinate the same insofar as possible;

(7) Seek and accept grants, gifts, bequests, endowments or
other funds to accomplish the purposes of this section; and

(8) Propose rules for legislative approval in accordance with
the provisions of article three, chapter twenty-nine-a of this code
for the protection of the historic integrity of the town of Cass
and to effectuate the purposes of this section with regard to the
use of lands both public and private within the town of Cass.

Note: WV Code updated with legislation passed through the 2015 Regular Session
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